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 Maori Brown Eyes--out of copyright?
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Fran Guidry
Ha`aha`a

USA
1579 Posts

Posted - 08/04/2005 :  04:56:16 AM  Show Profile  Visit Fran Guidry's Homepage
Eric Lagrimas, Abe's brother, offered his services to do performing rights clearance research in a post on the Flea Market Music web site. His email is eric @ akamaibraincollective.com .

Fran

E ho`okani pila kakou ma Kaleponi
Slack Key Guitar in California - www.kaleponi.com
Slack Key on YouTube
Homebrewed Music Blog
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Peter Medeiros
`Olu`olu

546 Posts

Posted - 08/04/2005 :  06:32:28 AM  Show Profile  Visit Peter Medeiros's Homepage
I haven't really thought that much about the origin of Maori Brown Eyes, but I believe that the original melody is going to be in 3/4 time making it a waltz which could place it as far back as 1850 or no later than 1930. Its land of origin would be New Zealand -- the original language of the piece would be Maori. Other items of significance would be whether or not it has International copyright under the Berne Convention -- the registering entity (who did it); when the derivative piece -- the current and more popular piece in 4/4 time was registered and by who. Also whether or not if there is any existing media or copies (Sheet music, wire recording, phonorecords) predating the registered copyright date. Start in New Zealand.
Peter Medeiros
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cpatch
Ahonui

USA
2187 Posts

Posted - 08/04/2005 :  09:59:15 AM  Show Profile  Visit cpatch's Homepage  Send cpatch an AOL message
quote:
Originally posted by Lawrence

New works based on copyrighted material were deemed to be OK for the disk set as long as we limited the distribution to those who have contributed (i.e. - the students) AND as long as there was no "profit" involved for the producer. In this case we were operating under the educational fair-use provisions of the copyright act(s).

You're absolutely right...I sit corrected!

Craig
My goal is to be able to play as well as people think I can.
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cpatch
Ahonui

USA
2187 Posts

Posted - 08/04/2005 :  10:48:50 AM  Show Profile  Visit cpatch's Homepage  Send cpatch an AOL message
quote:
Originally posted by Peter Medeiros

I haven't really thought that much about the origin of Maori Brown Eyes, but I believe that the original melody is going to be in 3/4 time making it a waltz which could place it as far back as 1850 or no later than 1930. Its land of origin would be New Zealand -- the original language of the piece would be Maori.

Yes to the waltz, sort of to the land of origin, and no to the year and original language...at least according to the liner notes for Sonny Chillingworth's "Sonny Solo":

"Attributed to Sonny's cousin Harold Malani's father, Claude Malani, and to John Noble, this slack key classic of long standing local popularity extols the beauty and powerful attraction of the eyes; specifically the brown eyes of a descendent of the Polynesian settlers of Aotearoa, the land of the long white cloud, also known as New Zealand. Claude wrote the song when stationed there during World War II. The song appears to speak from direct experience. In the first verse, the text says huli aku wau 'alaua (turn your glance to me). By the end, it's ku'u ipo, Maori brown eyes, onaona (my beloved Maori sweetheart, with the alluring brown eyes!) The rumor is that the person addressed in the song became the composer's wife...This song is sometimes played as a waltz, and Sonny's ending refers to that."

I'm guessing that it's possible the reference to WWII may be meant to be WWI and that while the song was copyrighted in 1942 the collaboration with Noble may have happened during the '20s. The reason for this is that other places reference the popularity of the song during the '20s and '30s. Also Noble passed away in 1944. Just a guess though.

Craig
My goal is to be able to play as well as people think I can.

Edited by - cpatch on 08/05/2005 07:27:54 AM
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Kapila Kane
Ha`aha`a

USA
1051 Posts

Posted - 08/04/2005 :  8:31:09 PM  Show Profile
Ok, let the worms begin!
Since this is: a) for our non-profit limited disk...we don't have to resolve this as deeply as some of us like to dig--
and if I would include it in any subsequent project, I would check to the best of my ablility and pay appropriate fees.

But that is for another day...
Still, I have a sense that Peter is usually "right on" --and solid-- in his musicology and music history territory...

I would guess the words were likely added to an old melody...

Most folk and pop music is just the unique combination of relatively simple chords, melody, words, and rhythms
(harmonic, melodic, and undertow pulse rhythms)--ALL SUBJECT TO "ARRANGEMENT"...
and at some point, melodies can become a totally different song...
Look at how substantial IZ's "Over the Rainbow" actually morphes into something the composers would hardly recognize!
But their heirs will claim it in a second!
$$$!!!

What we recognize in songs, are the common identifiable elements that co-exist in sufficient quantity to make us say, "that's so and so tune". Usually, words are critical to this "aha" sense of identity...although there are definitely short recognizable riffs, and 3-5 note melodies...but the rhythm element usually must be in tandem to create a clean identity.

Can I copyright the pentatonic scale?
And the semi-quaver?

Anyhoo, many basic melodies are similar or based on similar intervals and patterns... and often sound like other older melodies...

I love it, but hey, it's folk music...

Rhythms and progressions also have a lot of common idioms...
So it must be the "intersection" where certain things overlap--
And perhaps the most critical element for pop and folk styles would be THE WORDS!

Incidentally, my version will probably be instrumental. So could I call it by the "ancient" melody's original name?
"Maori Brown Eyed Island Girl with the Blue Grass Dress On"

(Now in the 20's,30's and 40's some thought the lyricist was less important in the song writing team! Well, there's tunes, and there's TUNES.
Seems times have changed.
So, if you want to discuss intellectual fine points, fine...if not...well, there's the window.

Anyone know the New Zealand copyright office number?!
And a Kiwi Lawyer.

Edited by - Kapila Kane on 08/04/2005 8:33:48 PM
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slackkeymike
Lokahi

440 Posts

Posted - 08/22/2005 :  05:43:50 AM  Show Profile
Ok, after all this, I am still interested in finding tabs for MBE, James "Bla" Pahinui. Has anybody transcribed this?

Mike

Aloha, Mike
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slackkeymike
Lokahi

440 Posts

Posted - 03/24/2006 :  06:30:32 AM  Show Profile
Still looking!! Hate to dig this up again, but I would really like a copy of the tab (MBE)

mike

Aloha, Mike
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slackkeymike
Lokahi

440 Posts

Posted - 03/26/2006 :  03:42:46 AM  Show Profile
What tuning is used for this song? The tuning page lists "Maori Brown Eyes" as the tuning...not very helpful (Andy, is that correct?)

Mike

Aloha, Mike
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Mika ele
Ha`aha`a

USA
1493 Posts

Posted - 03/28/2006 :  3:36:00 PM  Show Profile
Mika'ele McClellan has tablature of this song in his Advanced Workbook: Slack Key, 1992. It is in what he calls Maori Brown Eyes tuning (DGDEGD). Basically in the key of G with G, D7, and C chords (with a final A7 at the ipo part of ku'uipo.
He attributes the song to C. Malani and J. Noble.

E nana, e ho'olohe. E pa'a ka waha, e hana ka lima.
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Admin
Pupule

USA
4551 Posts

Posted - 03/28/2006 :  4:47:54 PM  Show Profile  Visit Admin's Homepage  Send Admin an AOL message  Send Admin an ICQ Message  Send Admin a Yahoo! Message
quote:
Originally posted by slackkeymike

What tuning is used for this song? The tuning page lists "Maori Brown Eyes" as the tuning...not very helpful (Andy, is that correct?)

Mike

Where is that?

Andy
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Mika ele
Ha`aha`a

USA
1493 Posts

Posted - 03/28/2006 :  5:19:59 PM  Show Profile
I'll try and tab it out and send to Andy

Maori Brown Eyes tuning is:

DGDEGD

It really sounds nice and has some nice parallel notes.

E nana, e ho'olohe. E pa'a ka waha, e hana ka lima.
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Mika ele
Ha`aha`a

USA
1493 Posts

Posted - 03/29/2006 :  2:06:39 PM  Show Profile
Well . . .
Dancing Cat says that the Maori Brown Eyes Tuning IS G6th Mauna Loa Tuning (DGDEGD). I have tabbed out some of this song in this tuning and it has a real sweet sound. Basically a repeating bass line on the open 5-4-3 strings keeps the beat (in 3/4 time, with eight notes, play the strings in order 5-4-3-4-3-4) and keep going except a bar at the fifth fret and seventh fret for the C and D7 chords.

The melody line plays on strings 1-2 in a typical Mauna Loa tuning pattern.

D 9 5 0 0 4 10 9 7 4 5
G 7 4 4 5 5 9 7 5 2 4
E
D
G
D

E nana, e ho'olohe. E pa'a ka waha, e hana ka lima.
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Pua Kai
Ha`aha`a

USA
1007 Posts

Posted - 03/30/2006 :  10:12:23 AM  Show Profile
You da man, MIKE!! (McVey)
mahalo for all your dedication and hard work!!!
auntie n
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sbar15
Lokahi

USA
151 Posts

Posted - 03/30/2006 :  11:06:17 AM  Show Profile
Thanks Mike

Steve
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